Adoption of Joseph Bataikwai, Re [2025] SBHC 81; HCSI-CC 282 of 2023 (9 July 2025)

HIGH COURT OF SOLOMON ISLANDS

Case name:	Adoption of Joseph Bataikwai, Re
Citation:
Date of decision:	9 July 2025
Parties:	Joseph Bataikwai, Jezriel Graham, Betty Tryvine Maelalo
Date of hearing:	28 March 2025
Court file number(s):	282 of 2023
Jurisdiction:	Civil
Place of delivery:
Judge(s):	Bird; PJ
On appeal from:
Order:	i) Mr Jezriel Graham and Ms Betty Tryvine Maelalo’s application for adoption is hereby granted; ii) Consequently, Mr Jezriel Graham and Ms Betty Tryvine Maelalo are the parents of the child Joseph Bataikwai. iii) For the purpose of this adoption order, the child’s name shall be known as JOSEPH BATAIKWAI. iv) No orders for cost.
Representation:	Ms Lilly Ramo for the Applicant
Catchwords:
Words and phrases:
Legislation cited:
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CIVIL JURISDICTION

Civil Case No. 282 of 2023

In the matter of the adoption Act 2004

BETWEEN

JOSEPH BATAIKWAI
Infant

AND:

JEZRIEL GRAHAM
Husband Applicant

AND:

BETTY TRYVINE MAELALO
Wife Applicant

Date of Hearing: 28 March 2025
Date of Decisions: 9 July 2025

Ms Lilly Ramo for the Applicant

JUDGMENT ON APPLICATION FOR ADOPTION

Bird PJ:

1. This proceeding concerns adoption of a child pursuant to the provisions of the Adoption Act 2004. The child is Joseph Bataikwai. The Husband Applicant is Jezreel Graham. The Applicant wife is Betty Tryvine Maelalao. The Applicants are husband and wife are joint applicants. The child was born on 2^nd October 2019 at Malu’u Clinic, Malaita Province. He is the child of Sasafe Deri who is the Husband Applicant’s younger biological sister. His biological father is deceased.
2. The Applicants are citizens of Solomon Islands. At present, they both live and work in Australia. The child has been under their care and custody since about December 2019 when he was just about 2 months old. The Applicants intention to adopt the child was rooted on the fact that his biological father passed when Sasafe Deri was 4 months pregnant with the child. There were 4 other elder siblings for the mother to care for. With their intention and upon the birth of the child, the Applicants named him Joseph Bataikwai.
3. The Applicants are employed by AMINJARRINJA ENTERPRISES ABORIGINAL CORPORATION, in Northern Territory, Australia. They are employed as House Parents. They care for senior girls from Grade 7 onwards. They regularly travel to Solomon Islands to be with the child and visit relatives. They own a house a Kaibia in Honiara. It is let out for rent. They also have a house in Auki, Malaita Province that is still under construction. They have purchased land at Tasaghe in Honiara with an intention of constructing another house therein. They are in the process of acquiring title of that land.
4. Whilst the Applicants live and work in Australia, they have placed the child under the care and custody of the Applicant wife’s mother and father. They live in Kaibia, Central Honiara with the child. The child attends Bethany Early Childhood School at Kaibia since 2023. They provide food and clothing for him. They also meet the child’s school fees. They sent money each week to the Applicant wife’s parents for the child’s support and upkeep. They have adequately provided all material and financial support for the child. They have no children of their own. They regularly visit the child. They have constant communication with the child on a daily basis by means of video calls.
5. The Applicants are anxious to have the adoption process finalised soon. They plan to take the child to Australia where they live and work. Their employer provides them with housing and transport. They have prepared a room in the house for the child’s use if their application is granted by this court. They also have plans for the child’s education. They do not intend to change the name of the child. They gave the name to the child at birth. The name Bataikwai is the Applicant husband’s family name.

The Law

6. I am able to grant orders for adoption under the provisions of the Adoption Act 2004. I must however be satisfied that all the requirements stipulated under the Act are met by the Applicants. The requirements are the following:
   1. Residency of the applicants;
   2. Consent of the biological parents;
   3. Welfare of the child; and
   4. Continuous care and possession by the applicants for three months.

Residency of the applicants

7. The applicants are both citizens of Solomon Islands. They live and work in Australia. They have not relinquished their citizenship. They own properties in Kaibia, Honiara and Auki in Malaita. They regularly travel between Australia and Honiara to be physically with the child. I have seen them in court to pursue their application.
8. The child is currently living with his maternal grandparents at Kaibia in Honiara whilst awaiting finalisation of the application. He attends school and is fully supported by the Applicants.
9. The prescribed three months’ notice of the applicants’ intention to adopt the child was sent to the Clerk, Honiara City Council on 17 February 2023. By letter dated 28 March 2025, the Clerk confirmed there was no objection to the application.
10. Upon the above discussion, I am satisfied that the residency requirement has been met by the Applicants.

Consent of the biological parent (s)

11. The child’s biological mother is the Applicant husband’s younger sister who has 5 children and is a widow. She is not formally employed. The child is the last child of her family who was born after his biological father’s demise. The child’s biological mother, one Sasafe Deri has given her consent for the Applicants to adopt him. See annexure marked “JG-7” to the Applicant husband’s sworn statement filed on 31 October 2024. There is no evidence before me that the Applicants and the mother of the child have either promised or have received any payment or reward in consideration of the application to adopt the child. I am satisfied that consent was freely made by the child’s biological mother.

Welfare of the child

12. Since taking the child into their care and custody, the Applicants have supported and provided for the child. They have placed the child with his maternal grandparents, to care for him in their absence. In their respective sworn statements filed in support of their application, they have provided information about their respective employments. They each earn AUD$2,303.30 per fortnight. They have housing and transport. They have prepared a room for the child’s use in the event their application is granted. They have plans for the child’s education. They have no child of their own. The child is a close family member.
13. Upon the above discussion, I am satisfied that the Applicants has expressed their love and attachment to the child. They have expressed their heart and mind for the child. I am hereby satisfied that having read their application and sworn statements filed in this case, the Applicants are genuine in their intention to adopt the child. They have shown that their core interest is to make sure the child receives the best of their love, care and support in every aspect of his life. It is obvious that they have demonstrated regard for the child’s total wellbeing.

Continuous care and possession

14. The Applicants and the child are currently living apart from each other. The Applicants are living and working in Australia. The child is living with his maternal grandparents in Honiara. Notwithstanding the distance, they could be seen as a close family unit. In their sworn statements, they keep continuous contact with the child through video calls. They come to the country and visit the child regularly. I have seen the Applicant husband with the child in court during the hearing. They have continued to support the child even during their absence. I am hereby satisfied that the child has been in the applicants’ continuous care and possession for at least 3 months prior to the filing of their application for adoption.

Report from the Guardian Ad Litem

15. I have perused and noted the report by the Guardian of the child dated 28 February 2024. The report confirmed my above discussions. It is recommended that the Applicants be granted legal adoption for the child

Name of the child subsequent to the adoption order

16. The child’s name is Joseph Bataikwai. In the Applicant husband’s sworn statement, he stated that the child’s name will remain the same subsequent to an adoption order. He explained that his full name is Jezriel Graham Bataikwai. He uses Jezriel Graham in his passport. They named the child as Joseph Bataikwai after his birth. They have no intention of changing the child’s name to any other name.

Conclusion and decision

17. Being satisfied with all the requirements stipulated under the Adoption Act 2004, I hereby make the following orders:
    1. Mr Jezriel Graham and Ms Betty Tryvine Maelalo’s application for adoption is hereby granted;
    2. Consequently, Mr Jezriel Graham and Ms Betty Tryvine Maelalo are the parents of the child Joseph Bataikwai.
    3. For the purpose of this adoption order, the child’s name shall be known as JOSEPH BATAIKWAI.
    4. No orders for cost.

THE COURT
Justice Maelyn Bird
Puisne Judge